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Software Term License

Software Term License Template for India

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Key Requirements PROMPT example:

Software Term License

"I need a Software Term License agreement for licensing our enterprise resource planning software to a manufacturing company in Mumbai, with provisions for 500 concurrent users and implementation services to be completed by March 2025."

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This Software Term License agreement template is designed for use in the Indian jurisdiction when a software vendor (licensor) wishes to grant temporary, non-permanent rights to use their software to a licensee. The document is structured to comply with Indian software licensing laws, including the Information Technology Act, 2000, and incorporates necessary provisions for data protection, intellectual property rights, and consumer protection. It is particularly suitable for business-to-business software licensing transactions where the software is licensed for a specific term rather than perpetually. The agreement includes comprehensive provisions for license scope, usage restrictions, maintenance and support, compliance requirements, and termination procedures, all aligned with Indian legal requirements and business practices.
Suggested Sections

1. Parties: Identification and details of the licensor and licensee

2. Background: Context of the agreement and brief description of the software

3. Definitions: Definitions of key terms used throughout the agreement

4. Grant of License: Scope and nature of the license being granted

5. License Term and Renewal: Duration of the license and renewal provisions

6. License Fees and Payment Terms: Financial terms, payment schedule, and related conditions

7. Permitted Use and Restrictions: Specific permissions and limitations on software usage

8. Installation and Implementation: Process and responsibilities for software deployment

9. Maintenance and Support: Terms of technical support and software updates

10. Intellectual Property Rights: Protection and ownership of IP rights

11. Warranties and Representations: Guarantees provided by both parties

12. Limitation of Liability: Scope and limits of party liabilities

13. Confidentiality: Protection of confidential information

14. Termination: Conditions and process for agreement termination

15. Post-Termination Obligations: Responsibilities after agreement ends

16. Governing Law and Jurisdiction: Applicable law and dispute resolution mechanism

17. General Provisions: Standard boilerplate clauses including notices, assignment, etc.

Optional Sections

1. Data Protection and Privacy: Required when software processes personal data or when compliance with specific data protection regulations is needed

2. Multi-User License Terms: Include when software is licensed for multiple users or enterprise-wide usage

3. Export Control: Required for software with international usage or containing controlled technology

4. Source Code Escrow: Include when source code access might be needed in specific circumstances

5. Disaster Recovery: Required for critical software applications where business continuity is essential

6. Security Requirements: Include when specific security protocols or compliance standards must be met

7. Training and Documentation: Required when comprehensive training and documentation are part of the license

8. Third-Party Software Components: Include when the software contains third-party elements requiring separate licensing terms

Suggested Schedules

1. Schedule A - Software Description: Detailed technical specifications and functionality of the software

2. Schedule B - License Fees: Detailed breakdown of all applicable fees and payment terms

3. Schedule C - Service Level Agreement: Performance metrics, support levels, and response times

4. Schedule D - Implementation Plan: Timeline and milestones for software deployment

5. Schedule E - Acceptance Testing: Testing criteria and acceptance procedures

6. Schedule F - Authorized Users: List of permitted users or user categories and access levels

7. Schedule G - Technical Requirements: Hardware and system requirements for software operation

8. Appendix 1 - Support and Maintenance Terms: Detailed terms of technical support and maintenance services

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Acceptance Tests
Authorized Users
Business Day
Confidential Information
Documentation
Effective Date
Error
Fees
Force Majeure Event
Initial Term
Intellectual Property Rights
License Key
License Term
Licensed Software
Maintenance Services
Modifications
Operating Environment
Permitted Purpose
Renewal Term
Service Levels
Software Updates
Source Code
Specifications
Support Services
System Requirements
Technical Support
Territory
Third Party Software
User Manual
Virus
Working Hours
Workspace
Critical Error
Minor Error
Designated Contact
Implementation Services
Installation Site
License Metrics
Maintenance Window
Response Time
Security Standards
Service Credits
Software Version
Support Level Agreement
User Access Level
Clauses
Grant of License
License Restrictions
Term and Termination
Payment
Intellectual Property
Confidentiality
Data Protection
Warranties
Liability Limitation
Indemnification
Force Majeure
Assignment
Audit Rights
Technical Support
Maintenance
Implementation
Service Levels
Security
Acceptance Testing
Documentation
User Rights
Export Control
Dispute Resolution
Governing Law
Notice
Third Party Rights
Entire Agreement
Amendment
Severability
Counterparts
Software Updates
Training
Compliance
Insurance
Escrow
Performance
Reporting
Survival
Anti-corruption
Non-solicitation
Relevant Industries

Information Technology

Banking and Financial Services

Healthcare

Manufacturing

Retail

Education

Telecommunications

Professional Services

Government and Public Sector

E-commerce

Media and Entertainment

Insurance

Automotive

Pharmaceuticals

Energy and Utilities

Relevant Teams

Legal

Information Technology

Procurement

Compliance

Finance

Information Security

Vendor Management

Operations

Risk Management

Software Asset Management

Relevant Roles

Chief Technology Officer

IT Director

Procurement Manager

Legal Counsel

Software Licensing Manager

Compliance Officer

IT Security Manager

Contract Administrator

Software Asset Manager

Chief Information Officer

Technology Procurement Specialist

Vendor Management Officer

Enterprise Architect

IT Operations Manager

Chief Financial Officer

Industries
Information Technology Act, 2000: Primary legislation governing digital transactions and electronic commerce in India, including software licensing and digital contracts
Indian Copyright Act, 1957: Protects software as literary works and governs the licensing of intellectual property rights in software
Indian Contract Act, 1872: Provides the fundamental principles of contract formation, validity, and enforcement applicable to software licensing agreements
Consumer Protection Act, 2019: Protects consumer interests and rights in software licensing, including provisions for digital products and services
Competition Act, 2002: Ensures software licensing terms don't create monopolistic conditions or anti-competitive practices
Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011: Governs the handling of personal data and security practices in software applications
Foreign Exchange Management Act, 1999: Relevant for cross-border licensing transactions and international payments for software licenses
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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